Children Act 1989

11 (1) Where a maintenance agreement provides for the continuation, after the death of one of the parties, of payments for the maintenance of a child and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may apply to the High Court or [F1 the family court] for an order under paragraph 10. E+W

(2) If a maintenance agreement is altered by a court on an application under this paragraph, the agreement shall have effect thereafter as if the alteration had been made, immediately before the death, by agreement between the parties and for valuable consideration.

(3) An application under this paragraph shall not, except with leave of the High Court or [F2 the family court], be made after the end of the period of six months beginning with the day on which representation in regard to the estate of the deceased is first taken out.

[F3 (4) The following are to be left out of account when considering for the purposes of sub-paragraph (3) when representation was first taken out—

(a) a grant limited to settled land or to trust property,

(b) any other grant that does not permit any of the estate to be distributed,

(c) a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time,

(d) a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (4A)).

(4A) A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (4), but is to be taken as dated on the date of sealing.]

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The provisions of this paragraph shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiry of the period of six months referred to in sub-paragraph (3) on the ground that they ought to have taken into account the possibility that a court might grant leave for an application by virtue of this paragraph to be made by the surviving party after that period.

(7) Sub-paragraph (6) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph.

Textual Amendments

F1 Words in Sch. 1 para. 11(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Words in Sch. 1 para. 11(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 Sch. 1 para. 11(4)(4A) substituted for Sch. 1 para. 11(4) (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. 3 para. 4(3) (with s. 12(4)); S.I. 2014/2039, art. 2

F4 Sch. 1 para. 11(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 117(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1 Sch. 1 para 11 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)